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US Airways Faces Disability Charge

Consumer says he was denied boarding because of his disability

October 9, 2007

Andy Gates is affected by dystonia, an obscure neuromuscular movement disorder that causes muscles to spasm and contract uncontrollably. Although he uses a wheelchair, he says he can cross short distances without assistance.

Frequently misdiagnosed as cerebral palsy or psychiatric illness, dystonia is estimated to affect no less than 300,000 people in North America, one third of whom are children.

In June, as he was about to board a flight to Milwaukee, Wisconsin, Gates said he was stopped by a U.S. Airways shift manager. According to the lawsuit, the manager said the captain of the airplane felt, based on Gates’ appearance, that he was too disabled to fly unaccompanied. After a few attempts to explain that Gates was already preauthorized by the airline to fly, he was ultimately denied access.

“All I wanted to do was to safely get to my destination. I’ve flown many times alone before this incident,” said Gates. “It’s unfair that someone simply looked at me and made a snap judgment about what I can or cannot do.”

Gates filed a lawsuit against U.S. Airways and a formal complaint with the U.S. Department of Transportation.

Though the Americans With Disabilities Act does not apply to air travel, the federal Air Carrier Access Act prohibits airlines from discriminating on the basis of disability. However, there is no federal, private right of action available to individuals discriminated against because of their disability in terms of air travel.

Gates’ case is being championed by the Dystonia Medical Research Foundation. The group’s directory, Janet Hieshetter, says the incident underscores the need to educate people about this particular disability.

“Dystonia comes in all forms and despite some of the challenges this disorder brings, many dystonia-affected individuals lead successful, independent, and fulfilling lives,” she said.

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